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CHAPTER 1. GENERAL PROVISIONS
Article 1. Basic terms used in this Law
The following main terms are used this Law:
1.1. culture – a set of cultural values that address the spiritual needs of people and are created (converted) as a result of human activities or are closely related to such activities;
1.2. cultural activities – activities on the creation, renovation (reappearance), preservation, protection, study, popularization, use and dissemination of cultural values, aesthetic education, art and cultural education, organizing cultural activities (leisure) of the population;
1.3. cultural values – created (converted) by a human or closely related to his activities tangible objects and intangible manifestations of human creativity, which have artistic, historical, scientific or other value;
1.4. state policy in the field of culture – a complex of measures taken by public authorities of the Republic of Belarus for preservation, development and expansion of culture; organizational, legal, financial, material and technical, personnel, information and other kinds of support of cultural activities;
1.5. objects of cultural infrastructure – buildings, facilities, premises and other real property, which are intended (used) for the implementation and support of cultural activities;
1.6. cultural institution – the legal person exercising cultural activities as operating ones;
1.7. men of culture and art – cultural workers, creative professionals, who have honorary titles in the field of culture;
1.8. creative group – the union of individuals who are jointly engaged in artistic creation;
1.9. monopoly in the culture – the actions (inaction) of the subjects of cultural activities (except individuals) that are, contrary to this Law, aimed at preventing, restricting or eliminating competition and are also harmful to the rights, freedoms and legitimate interests in the field of culture;
1.10. artistic creation – creation and (or) execution of literary and art works;
1.11. cultural worker – an individual who is employed by a cultural agency basing on an employment agreement (contract) and is engaged in cultural activities;
1.12. creative activity – the kind of cultural activities, which includes the arts and other intellectual activities, which ends with the appearance of a new, non-existing before, independent result of intellectual activity in the field of culture.
The content of some terms used in this Law shall be determined in the relevant articles of this Law.
Article 2. Legislation of the Republic of Belarus on culture and the relations regulated by it
1. Legislation of the Republic of Belarus on culture is based on the Constitution of the Republic of Belarus and consists of this Law, other acts of legislation, including international agreements of the Republic of Belarus regulating the social relations associated with the implementation and support of cultural activities.
2. If international agreements of the Republic of Belarus establish other rules than those stipulated in this Law, the rules of international agreement are to be applied.
3. This Law and other acts of legislation on culture regulate social relations in the following areas:
3.1. protection of historical and cultural heritage;
3.2. library services;
3.3. activities of creative unions and artists;
3.4. cinematography;
3.5. museum affairs;
3.6. folk art, folk crafts (crafts);
3.7. guest concert activity;
3.8. publishing in part associated with the publication of literary works that are relevant for the preservation, development and expansion of culture, activities for disseminating and popularizing these publications;
3.9. activity on organizing cultural activities (leisure) of the population;
3.10. activities in creating objects of cultural infrastructure, production (manufacturing) tools, equipment and other property intended for implementation and support of cultural activities;
3.11. activity in the sphere of aesthetic education, art and cultural education;
3.12. activity of mass media in part related to creation, use, expansion and popularization of cultural heritage;
3.13. artistic creativity;
3.14. international cultural cooperation;
3.15. scientific research and methodological activities in the field of culture;
3.16. professional activities in the field of literature;
3.17. professional activities in the arts;
3.18. other areas related to the implementation and enforcement of cultural activities, unless otherwise provided in the present Law.
Article 3. Responsibility for violation of legislation on culture
The legislation prescribes criminal, administrative, disciplinary, and other liability for violation of the legislation on culture.
Article 4. Entities of cultural activities
1. The entities of cultural activities are:
1.1. cultural workers and other individuals;
1.2. cultural organizations;
1.3. subjects of creative activity:
artists and other individuals engaged in creative activities;
amateur performance teams;
1.4. state bodies;
1.5. bodies of public territorial self-government;
1.6. scientific research institutions and educational institutions in the field of culture;
1.7. other legal entities.
2. In the cases stipulated by legislative acts on culture, subdivisions of legal persons, including separate ones, can be considered entities of cultural activities.
Article 5. Implementation and support of cultural activities
1. Subjects of cultural activities are entitled to implement and (or) support cultural activities in accordance with this Law and other acts of legislation.
2. The basic principles of implementation and support of cultural activities are:
2.1. freedom of artistic creation and other creative work, self-development of creative processes;
2.2. variety of directions, forms, genres and styles in creative activity, prevention of monopoly in culture and monopolization of cultural activities;
2.3. priority development of Belarusian national culture;
2.4. accessibility of cultural property in the state and public funds;
2.5. equality of entities of cultural activities before the law and the inadmissibility of establishing the benefits and privileges contravening the law in the field of culture;
2.6. focus on national and universal values, cultural values, which are of high artistic and moral merit;
2.7. humanistic orientation and strengthening of personality basis in cultural activities;
2.8. every possible protection, preservation, rational use and augmentation of the historical and cultural heritage and intellectual property in the area of culture;
2.9. free development of the cultures of all national communities living in the Republic of Belarus;
2.10. interaction of Belarusian national culture with the cultures of other nations and its integration into the world culture;
2.11. combination of state and public bases in organization and management of in cultural activities.
Article 6. Freedom of creativity
1. Freedom of creativity includes the right to select spheres, trends (schools), forms, methods and techniques of creativity, self-determination of form and content, genre, language, style, dignity and purpose of creating literary and artistic works, the repertoire of works performed, language, style and manner of execution.
2. Interference by state bodies (organizations), their officials, legal persons and individuals in the process of creating and (or) the implementation of the subjects of creative activity in the literature and art (hereinafter – the creative process) in order to determine the content of the creative process and (or) influence its outcome is not permitted, except in cases where the results of the creative process:
2.1. may be directed against the sovereignty of the Republic of Belarus, calling for the violent seizure of power or changing the constitutional order;
2.2. contain and distribute messages that humiliate honor and dignity of the President of the Republic of Belarus, heads of state bodies whose status is established by the Constitution of the Republic of Belarus;
2.3. advocate war, violence and cruelty, social, national, religious, racial exemptionalism, intolerance or hatred, pornography, incitement to commit a crime;
2.4. contain information on how to kill a person, making tools and means of murder;
2.5. can harm health and morals of a person;
2.6. in other cases stipulated by legislative acts.
3. Actions based on an agreement with the creative entity about creating and using the results of the creative process are not considered interference in the creative process.
4. Any interference in the creative process of a creative entity may be appealed in court in accordance with the legislation.
Article 7. Implementation of creative activity
1. Creative activities, including authentic folk operation, can be carried out both on professional and nonprofessional (amateur) basis.
2. Creative activities can be carried out both individually and collectively.
Article 8. Social creative orders
1. The Ministry of Culture of the Republic of Belarus, other state bodies are entitled to place social creative orders with entities of cultural activities by their consent in order to stimulate creativity, render support for talented writers and performers, solve other social and cultural problems.
2. Social creative order – an agreement on creation of new literary works, films, theater and concert programs, and other results of creative activity, organization and holding of exhibitions, festivals, parades, contests, and other cultural events, providing services in the field of culture.
Article 9. Procedure of distribution and popularize of creative activity results
1. Entities of cultural activities, which distribute and (or) popularize the results of their creative activity, have the right to independently determine the repertoire and contents of cultural programs, distribute and (or) popularize literary and artistic works of various species, trends (schools), form and content, genre, language, style, popularize oeuvre of various authors, artists and amateur performance teams.
2. Expansion and (or) popularization of literary and artistic works is prohibited in the cases stipulated in paragraph 2 of Article 6 of this Law.
3. The procedure for making decisions about the prohibition or restriction of publication, public performance and display of works of literature and art, other ways of their release, prohibition or restriction of other cultural events in the cases stipulated by paragraph 2 of Article 6 of this Law, as well as state bodies authorized to take such decisions are determined by the Government of the Republic of Belarus.
4. The solution of the state body, actions of the authority or officer relating to prohibitions or restrictions on the publication of works of literature and art as well as prohibitions or restrictions on cultural activities can be appealed to the court in accordance with the legislation.
5. Distinctions of the procedure of distribution and (or) popularization of the results of creative activity in course of cultural events are established by acts of legislation on carrying public events.
See also: CHAPTER 2. STATE POLICY, STATE REGULATION AND CONTROL IN THE FIELD OF CULTURE
© National Academy of Sciences of Belarus, 2011
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